Stages of Criminal Prosecution and Evidence Types

These flashcards cover the key concepts related to the procedural stages of a criminal prosecution and the types and requirements of evidence.

What are the four main types of evidence in a criminal trial?

Testimonial, Physical, Demonstrative, and Documentary evidence.

What does admissibility of evidence refer to?

It refers to whether a judge will allow the jury to see and consider the offered evidence.

What is the significance of an objection being overruled in court?

If an objection is overruled, the evidence is admitted and the jury can consider it.

What is a Motion to Suppress in relation to evidence?

It is a pretrial challenge used by attorneys to argue about the admissibility of evidence to the judge.

What is the role of jurors regarding admitted evidence in a trial?

Jurors are the final arbiters of what is true and do not have to accept or believe the admitted evidence.

What are the stages of a criminal trial?

Pretrial Suppression Hearings, Voir Dire, Opening Statements, Prosecution's Case-in-Chief, Defense Case, Rebuttal Case, Closing Arguments, Judge's Charge, Verdict, and Sentencing.

How is relevant evidence defined in court?

Relevant evidence is evidence that tends to prove or disprove a fact that matters in the case.

What is the difference between direct evidence and circumstantial evidence?

Direct evidence directly proves a fact without inference, while circumstantial evidence uses inference to prove a fact.

What factors can affect a witness's credibility?

Bias, motive to lie, inability to accurately observe or remember, contradictions, and prior inconsistent statements.

What must law enforcement officers do to establish a foundation for evidence?

They must collect and handle evidence in a way that satisfies the Federal Rules of Evidence, proving it is relevant and authentic.

What is the Best Evidence Rule?

It states that the best evidence of a document is the original document itself.

What can be used to refresh a witness's memory during testimony?

Notes, reports, statements from others, photos, and various documents can all be used to refresh memory.

What are the 4 main types of evidence in a criminal trial?

Testimonial, Physical, Demonstrative, and Documentary evidence.

What does admissibility of evidence refer to?

It refers to whether a judge will allow the jury to see and consider the offered evidence.

What is the significance of an objection being overruled in court?

If an objection is overruled, the evidence is admitted and the jury can consider it.

What is a Motion to Suppress in relation to evidence?

It is a pretrial challenge used by attorneys to argue about the admissibility of evidence to the judge.

What is the role of jurors regarding admitted evidence in a trial?

Jurors are the final arbiters of what is true and do not have to accept or believe the admitted evidence.

What are the stages of a criminal trial?

Pretrial Suppression Hearings, Voir Dire, Opening Statements, Prosecution's Case-in-Chief, Defense Case, Rebuttal Case, Closing Arguments, Judge's Charge, Verdict, and Sentencing.

How is relevant evidence defined in court?

Relevant evidence is evidence that tends to prove or disprove a fact that matters in the case.

What is the difference between direct evidence and circumstantial evidence?

Direct evidence directly proves a fact without inference, while circumstantial evidence uses inference to prove a fact.

What factors can affect a witness's credibility?

Bias, motive to lie, inability to accurately observe or remember, contradictions, and prior inconsistent statements.

What must law enforcement officers do to establish a foundation for evidence?

They must collect and handle evidence in a way that satisfies the Federal Rules of Evidence, proving it is relevant and authentic.

What is the Best Evidence Rule?

It states that the best evidence of a document is the original document itself.

What can be used to refresh a witness's memory during testimony?

Notes, reports, statements from others, photos, and various documents can all be used to refresh memory.

What is the burden of proof required for a conviction in a criminal trial?

The prosecution must prove the defendant's guilt beyond a reasonable doubt.

What is hearsay in the context of evidence law?

An out-of-court statement offered in court to prove the truth of the matter asserted, which is generally inadmissible unless an exception applies.

What is the "Chain of Custody"?

The chronological documentation showing the seizure, custody, control, and analysis of physical evidence to ensure its integrity and authenticity.

What is the difference between direct examination and cross-examination?

Direct examination involves open-ended questions by the party who called the witness, while cross-examination involves leading questions by the opposing party to challenge testimony.

What is the "Exclusionary Rule"?

A legal principle that prohibits the use of evidence collected in violation of the defendant's constitutional rights, such as those under the 4th Amendment.

What is the purpose of "Voir Dire" during a trial?

It is the process of questioning potential jurors to ensure they are impartial and to identify any biases that might disqualify them from serving.

What is an expert witness?

A witness with specialized knowledge, training, or experience who is permitted to provide opinion testimony on complex subjects relevant to the case.

What is a "peremptory challenge" during jury selection?

The right of an attorney to dismiss a prospective juror without providing a specific reason, though the number of such challenges is limited.